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Home My WebLink AboutItem #10 First Reading of Ordinance - Eddie Turner center of GOOd l.J ~'t>e. . I'~ ~ AGENDA ITEM COVER SHEET Meeting Date: September 21,2010 Item # 10 Contact Name: Contact Number: 1?IL Michael Rumer 7 Ext. 1 018 Reviewed By: Department Director: City Manager: Subject: Eddie W. Turner (3750 Jane Street) Annexation Ordinance #2010-022 Project # AX-07-10-23 Rezoning Ordinance # 2010-023 Project #RZ-10-07-08 Commission District 3 - Rusty Johnson Background Summary: General Location: The subject property is located on the north side of Old Winter Garden Road, east of Division Street and west of Rowe Avenue. Parcel Identification Number: 28-22-28-6689-12-080 Parcel Size: I 0.45 Acres or 19,500 Square Feet Actual land use, and unique features of the subiect properties: The property contains a single-family dwelling built in 1968. CONSISTENCY WITH STATE & LOCAL REGULATIONS: Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create an enclave. Annexation of the subject property will lessen an existing enclave. The subject property is contiguous to the City limits by the recently annexed Health Central parcels to the north, east, and west. Joint Plannino Area Aoreement: The subject property is located within the Ocoee-Orange County Joint Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee- Orange County Joint Planning Area Agreement. Rezonino: The table below references the future land uses, zoning classifications and existing land uses of the surrounding parcels: Direction North East South West Future land Use Medium Densit Medium Densit Medium Densit Medium Densit Existin Land Use Vacant Vacant Vacant Vacant Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2.5 that states in part, ''The City shall consider requests for voluntary annexation into the City when those lands are logical extensions of the existing City limits, when services can be properly provided, and when proposed uses are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation Policy...." [Emphasis added]. The rezoning is consistent with Future Land Use Element Policy 1.15 that states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the Future Land Use Map and the JPA Agreement... " DISCUSSION: Annexation Feasibilitv & Public Facilities Analvsis Report: Based upon the projected impacts of the proposed use and size of the parcel, Staff determined that urban services, specifically water service could be adequately provided to the subject properties. Should the applicant choose to develop the property in the future, they will be required to make certain improvements in accordance with the Land Development Code. (See attached "Annexation Feasibility Analysis") Summary: The proposed annexation is a logical extension of the City limits, urban services can be provided, and the annexation meets state and local regulations. Furthermore, the requested Future Land Use and Initial Zoning Classifications are consistent with the land use classifications on the Future Land Use Map and the JPA Land Use Map. The land use and initial zoning are also consistent and compatible with surrounding properties. Issue: Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 0.44 +/- acre parcel of land known as the Eddie W Turner property located at 3750 Jane Street? Recommendations DEVELOPMENT REVIEW COMMITTEE (DRC) RECOMMENDATION: On July 7, 2010, the DRC met to determine if the proposed annexation was consistent with the City's regulations and policies. Based on the above analysis and subsequent discussions, the DRC recommended approval of the annexation and rezoning from Orange County A-1 to Ocoee R-3 of the Eddie W Turner parcel. PLANNING & ZONING COMMISSION RECOMMENDATION: The proposed Annexation and Initial zoning of the Eddie W. Turner property was reviewed at a Public Hearing by the Planning and Zoning Commission on August 10, 2010. The Planning & Zoning Commission voted unanimously to recommend approval of the Annexation and Rezoning of the +/- 0.44 acre parcel of land known as the Eddie W. Turner parcel and rezoning from Orange County A-1 to Ocoee R-3. STAFF RECOMMENDATION: Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that Honorable Mayor and City Commissioners adopt the ordinance to annex the +/- 0.44 acres of land known as the Eddie W. Turner parcel, and also adopt the ordinance to rezone the property from Orange County A-1 to Ocoee R-3. Attachments: Location Map Future Land Use Map Zoning Map 2007 Aerial 2 Annexation Feasibility Analysis Report Annexation Ordinance 2010-022 Rezoning Ordinance 2010-023 Financial Impact: I ncreased Tax Base Type of Item: (please mark wifh an "x'J Public Hearing ~ Ordinance First Reading _ Ordinance Second Reading Resolution _ Commission Approval Discussion & Direction For Clerk's Deaf Use: _ Consent Agenda Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A 3 Turner (3750 Jane Street) Annexation and Rezoning Location Map c: o - en - > - e ~ o .- ..... fa >< CV ~c. ~ fa <:e PCV CV U) e:J ;n-g CV fa ~..J fa CV ,... o~ an..... r--~ MiL --... ... CV ~ ... ~ c ~ 0 0- ..- .2 0 9' N ~~ 'Vi Vl :J Cll C~ Cl '6 'j! t :J 0 " '" <: L~ CD "0 ..... 8 Q) Cll 'E ..... ~ 'C ~ ~ a.. 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Each department has filled in the appropriate section and the findings are summarized below. II. PLANNING DEPARTMENT Michael Rumer I Eddie W. Turner B. Property location 1. General location: The subject property is located on the north side of Old Winter Garden Road, east of Division Street and west of Rowe Avenue. 2. Parcel Identification Numbers: 28-22-28-6689-12-080 3. Street Addresses: 3750 Jane Street 4. Size of Parcels: 19,500 Square Feet c. Single-Family Dwelling Mixed Use Not Available Not Available D. Low-Medium Density A-1 Medium Density Residential R-3 E. Yes Yes I II. FIRE DEPARTMENT Chief Pete McNeil 1. Estimated Response Time: 3-5 Minutes 2. Distance to Property: Distance from Station 2 (Clarke Rd & AD. Mims) is 1.5 miles 3. Fire Flow Requirements: Fire Flow is 500 gpm III. POLICE DEPARTMENT 1. Police Patrol Zone I Grid I Area: 2. Estimated Res onse Time: Chief Charlie Brown Zone 4 / Grid 51 (Health Central) 1 Minute 30 Seconds for Emergencies. Page 1 of 3 Applicant Name: Eddie Turner Project Name: Turner (3750 Jane Street) Annexation and Rezoning Case #; Ax-07-10-23 Approx. 1.28 Miles 1 Minute 45 Seconds Drive Time. Michael Rumer $113,126 $68,016 $800 Not Available Not Available N/A BUILDING DEPARTMENT 1. Within the 100- ear Flood Plain: No I VI. UTILITIES David Wheeler, P.E. I A. Potable Water 1. In Ocoee Service Area: Yes 2. City Capable of ServinQ Area: Yes 3. Extension Needed: An on-site extension will be needed as development ensues. 4. Location and Size of Property accesses a 8" water line on Grove Street and Nearest Water Main: a 12" water line on Old Winter Garden Road. I B. Sanitary Sewer 1. In Ocoee Service Area: Yes 2. City Capable of Servino Area: Yes 3. Extension Needed: No 4. Location and Size of 6" Force Main on-site Nearest Force Main: 5. Annexation AQreement Needed: No I C. Other 1. Utilitv Easement Needed: Yes 2. Private Lift Station Needed: Existing 3. Well Protection Area Needed: No Page 2 of 3 Applicant Name: Eddie Turner Project Name: Turner (3750 Jane Street) Annexation and Rezoning Case #: Ax-07-10-23 I VII. TRANSPORTATION Michael Rumer 1. Paved Access: Yes 2. ROW Dedication: No 3. Traffic Study: No 4. Traffic Analvsis Zone: 610 I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer At this time, adequate transportation capacity exists. A. Transportation: At this time, adequate park/recreation capacity exists. B. Parks I Recreation: At this time, adequate water/sewer capacity exists. C. Water I Sewer: N/A D. Stormwater: At this time, adequate solid waste capacity exists. E. Solid Waste: N/A F. Impact Fees: I IX. SITE SPECIFIC ISSUES All Departments I The site is located within the City of Ocoee's newly established CRA Target Area Design Overlay. I X. CONSISTENCY WITH STATE REGULATIONS: Michael Rumer I This property is contiguous with the City Limits and reduces the area of an enclave; therefore this annexation is consistent with CH. 171.043 (1) & (2), Florida Statutes. Page 3 of 3 ORDINANCE NO. 2010-022 (Annexation Ordinance for Eddie W Turner Trust) TAX PARCEL ID: 28-22-28-6689-12-080 CASE NO. AX-07-10-23: EDDIE W TURNER TRUST AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA, CERT AIN REAL PROPERTY CONT AINING APPROXIMATELY 19478 SQUARE FEET LOCATED SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE A VENUE PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SAID ANNEXATION TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT; PROVIDING FOR AND AUTHORIZING THE UPDATING OF OFFICIAL CITY MAPS; PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY; REPEALING INCONSISTENT ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain real property located in unincorporated Orange County, Florida, as hereinafter described, has petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to annex approximately 21.14 acres of property, as more particularly described in Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and WHEREAS, the Ocoee City Commission has determined that said petition bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City ofOcoee, Florida; and WHEREAS, notice of the proposed annexation has been published pursuant to the requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E) of Article V of Chapter 180 of the Code of Ordinances of the City ofOcoee (the "Ocoee City Code"); and WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a Joint Planning Area Agreement, which agreement has from time to time been amended by Orange County and the City ofOcoee (the "JPA Agreement") which affects the annexation of the real property hereinafter described; and WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has reviewed the proposed annexation and found it to be consistent with the Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code, to be consistent with the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City Commission that it approve said annexation petition; and ORLA_1606352,1 -1- WHEREAS, the Ocoee City Commission has the authority, pursuant to Section 171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the owners of said real property; and WHEREAS, the Ocoee City Commission is desirous of annexing and redefining the boundary lines of the City ofOcoee, Florida, to include said real property. NOW THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this Ordinance pursuant to Article VlII of the Constitution of the State of Florida, Chapters 166 and 171, Florida Statutes, and Section 7 of Article 1 of the Charter of the City of Ocoee, Florida. Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida, bears the signatures of all owners of the real property proposed to be annexed into the corporate limits of the City of Ocoee, Florida. Section 3. ANNEXATION. The following described real property located in unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of Ocoee, Florida: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF Section 4. MAP. A map of said land herein described which clearly shows the annexed area is attached hereto as EXHIBIT "B" and by this reference is made a part hereof. Section 5. ANNEXATION TO CENTERLINE OF ROAD. The land annexed pursuant to this Ordinance shall extend to the centerline of any public road right-of-way located adjacent to the real property described on Exhibit" A" attached hereto, provided, however, that the annexation of any such right-of-way shall not serve to transfer any construction, operation or maintenance responsibilities with respect thereto, except to the extent such responsibilities are expressly transferred to and accepted by the City pursuant to an interlocal agreement in accordance with Section 335.0415, Florida Statutes. Section 6. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and the jp A Agreement, as amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive Plan, the jp A Agreement, and the Ocoee City Code. Section 7. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee, Florida, are hereby redefined to include said land herein described and annexed. ORLA_1606352.1 -2- Section 8. OFFICIAL MAPS. The City Clerk is hereby authorized to update and supplement official City maps of the City of Ocoee, Florida, to include said land herein described and annexed. Section 9. LIABILITY. The land herein described and future inhabitants of said land herein described shall be liable for all debts and obligations and be subject to all species of taxation, laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same privileges and benefits as other areas of the City of Ocoee, Florida. Section 10. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 11. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 12. EFFECTIVE DATE. This Ordinance shall become effective ten (10) days after its passage and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court and the Chief Administrative Officer of Orange County, Florida and with the Florida Department of State within seven (7) days from the effective date. ORLA_1606352,1 -3- PASSED AND ADOPTED this _ day of ,2010. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS DAY OF ,20_ ADVERTISED AND READ FIRST TIME , 2010. READ SECOND TIME AND ADOPTED ,UNDER AGENDA ITEM NO. FOLEY & LARDNERLLP By: City Attorney ORLA_1606352.1 -4- EXHIBIT "A" ORLA_1606352,1 -5- EXHIBIT "B" Map of Annexed Area (See attached map) ORLA_1606352,1 -6- ORDINANCE NO. 2010-023 (Rezoning Ordinance for Eddie W. Turner Trust) AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA CHANGING THE ZONING CLASSIFICATION FROM ORANGE COUNTY "A-I" ZONING, CITRUS RURAL DISTRICT TO OCOEE "R-3" ZONING, MUL TIPLE FAMILY DWELLING DISTRICT, FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF AND ADJACENT TO JANE STREET AND WEST OF ROWE AVENUE, PURSUANT TO THE APPLICATION SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN AND THE OCOEE CITY CODE AS OF THE ADOPTION DATE OF THIS ORDINANCE; PROVIDING FOR AND AUTHORIZING THE REVISION OF THE OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT ORDINANCES; PROVIDING AN ADOPTION DATE AND AN EFFECTIVE DATE. WHEREAS, the owner (the "Owner") of certain real property located within the corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an application to the City Commission of the City of Ocoee, Florida (the "Ocoee City Commission") to rezone said real property to Ocoee "R-3," Multiple Family Dwelling District (the "Zoning"); WHEREAS, pursuant to Section 5-9(B) of Article V of Chapter 180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"), the Planning Director has reviewed said application and determined that the Zoning requested by the Owner is consistent with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and Zoning Commission of the City ofOcoee ("PZC"); ORLA_1606346.1 WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the Zoning for consistency with the Ocoee Comprehensive Plan and determined that the Zoning is consistent with the Ocoee Comprehensive Plan and is in the best interest of the City and has recommended to the Ocoee City Commission that it approve the Zoning and find it consistent with the Ocoee Comprehensive Plan; WHEREAS, the Ocoee City Commission has held a de novo public hearing with public notice thereof with respect to the Zoning; and WHEREAS, this Ordinance has been considered by the Ocoee City Commission in accordance with the procedures set forth in Section 166.041 (3), Florida Statutes. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Rezonine:. The zoning classification, as defined in the Ocoee City Code, of the following described parcel of land located within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County "A-I" Zoning, Citrus Rural District to Ocoee "R-3" Zoning Multiple Family Dwelling District with such change becoming effective upon the effective date of this Ordinance as provided in Section 9 below: See Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). SECTION 3. Map. A map of the Property which clearly shows the area of Zoning is attached hereto as Exhibit "B" and by this reference is made a part hereof. ORLA_1606346.1 -2- SECTION 5. Official Zonine: Map. At such time as this Ordinance becomes effective as provided in Section 9 below, the City Clerk is authorized and directed to revise the Official Zoning Map of the City of Ocoee in order to incorporate the Zoning enacted by this Ordinance and the Mayor and City Clerk are authorized to execute said revised Official Zoning Map in accordance with the provisions of Section 5-1 (0) of Article V of Chapter 180 of the Ocoee City Code. SECTION 6. Ocoee Comprehensive Plan. The Ocoee City Commission hereby finds that this Ordinance is consistent with the Ocoee Comprehensive Plan. SECTION 7. Inconsistent Ordinances. All ordinances or parts of ordinances in conflict or inconsistent herewith are repealed and rescinded as of the effective date of this Ordinance. SECTION 8. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 9. Effective Date. This Ordinance shall become effective ten (10) days after its passage and adoption. ORLA_1606346,1 -3- PASSED this _ day of ,2010. ADOPTED this _ day of , 2010.. ATTEST: Beth Eikenberry, City Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of ,2010. FOLEY & LARDNER LLP By: City Attorney ORLA_1606346.1 CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor ADVERTISED ,2010 READ FIRST TIME , 2010 READ SECOND TIME AND PASSED , 2010 UNDER AGENDA ITEM NO. -4- EXHIBIT "A" The Property ORLA_1606346.1 -5- EXHIBIT "B" [Insert Map] ORLA_1606346.1 -6-